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HomeMy WebLinkAboutORDINANCE - 2089 - 2/27/1990 - AMOCO/CASTLE PROPERTY ANNEXEDNO. 2089 AN ORDINANCE ANNEXING CERTAIN PROPERTY TO THE VILLAGE OF ELK GROVE VILLAGE (AMOCO/CASTLE) WHEREAS, a written Petition has been filed with the Village Clerk of the Village of Elk Grove Village by the Amoco Oil Company, a Maryland Corporation (hereinafter referred to as "Amoco") and Jerry Castle (hereinafter referred to as "Castle") (Amoco and Castle are hereinafter collectively referred to as "Owners"), said Petition seeking annexation to the Village of Elk Grove Village of certain land and territory legally described herein- after; and WHEREAS, said land and territory is not within the corporate limits of any municipality but is continguous to the Village of Elk Grove Village; and WHEREAS, a public hearing has been held before the Plan Commission of the Village of Elk Grove Village, sitting as a Zoning Commission, to consider the question of granting B-3 Business Zoning to parcel 1, B-2 Business Zoning to parcel 2 and I-1 Industrial Zoning to parcel 3 of the subject property; and WHEREAS, any Fire Protection District, Library District, Township Road Commissioner, County Clerk or other entity or person entitled to notice prior to the annexation of the subject property has been given such notice as is required by law; and WHEREAS, the Owners and the Village have entered into a Pre -Annexation Agreement with respect to the annexation of the subject property to the Village, which Annexation Agreement was duly considered at a public meeting, duly called and held according to law and which Agreement was approved by the President and Board of Trustees pursuant to Resolution No. 22-90 , duly passed and approved on the 27th day of February , 1990; and WHEREAS, the President and Board of Trustees find and believe it to be in the best interest of the Village that said land and territory be annexed to the Village according to the condi- tions and provisions of said Pre -Annexation Agreement. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Elk Grove Village, Cook and DuPage Counties, Illinois as follows: Section 1: That the land and territory, legally described on Exhibit A, attached hereto and by this reference incorporated herein, which land and territory is contiguous to the Village of Elk Grove Village, and not within the limits of any other municipality, be and the same is hereby annexed to the Village of Elk Grove Village, so that said territory shall be included within the boundary limits of said Village as is by law in such case made and provided. Section 2: That the Village does hereby grant to the subject property the following Zoning: Parcel 1 - B-3 Automotive Oriented Business District Parcel 2 - B-2 Business District -2- Parcel 3 - I-1 Industrial District That the Rezoning as provided herein is subject to the condition that said Parcels be developed in accordance with applicable site plans relating to the respective parcels as previously approved or as hereafter approved by the Village, copies of said site plans to be on file in the office of the Village Clerk. Section 3: That there is hereby granted the following variations of the Zoning Ordinance and, where applicable, the Village Code: a. A variation shall be granted from the provisions of Article 3, Section 3.94D. of the Zoning Ordinance, and Chapter 11A, Section 11A.102 1. of the Municipal Code to eliminate all required screening along the southerly property line of the parcels directly adjacent to residentially zoned property in unincorporated DuPage County; b. A variation shall be granted from the provisions of Chapter 11A, Section 11A.102 2.a of the Municipal Code allowing the minimum boundary landscaping width to vary from five (5) to fifteen (15) feet along the propos- ed car wash portion of the existing Amoco parcel subject to submission and Staff approval of an adequate landscape plan for the boundary area so identified; c. A variation shall be granted from the provisions of Article 3, Section 3.94 I. of the Zoning Ordinance by allowing off-street parking spaces to be reduced from nineteen (19) foot length, to a seventeen (17) foot length with a two (2) foot landscaped overhang, for required parking stalls on all parcels; and d. A variation shall be granted from the provisions of Article 3, Section 3.43 of the Zoning Ordinance by allowing two principal buildings on one lot for the existing Amoco and proposed car wash parcel located at the intersection of Devon Avenue and Wood Dale Road. Section 4: The Owners shall be entitled to recapture that portion of the costs of the engineering and installation of -3- (i) The sanitary sewer is to be installed within Wood Dale Road and (ii) the water mains to be installed within Devon Avenue, as may benefit properties other than the subject property being annexed herein. The properties so benefiting and the amount of recapture attributable to each shall be as determined by the Owners, subject to the approval by the Village. Section 5: That this Annexation is in conjunction with and subject to the terms and conditions set forth in the Annexa- tion Agreement heretofore incorporated by reference into this ordiannce. Section 6: That the Village Clerk of the Village of Elk Grove Village is directed to record a certified copy of this Ordinance, together with a Plat of Annexation of said territory with the Recorder of Deeds of the County of jurisdiction. Section 7: That the Village Clerk is authorized to publish this Ordinance in pamphlet form. Section 8: That this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. Votes: AYES: Trustees Bosslet, Chernick, Czarnik, Petri, Tosto & President Zettek NAYS: 0 ABSENT: 1 PASS: 0 Charles J. Zettek VILLAGE PRESIDENT ATTEST: Patricia S. Smith VILLAGE CLERK PASSED this 27th day of February 1990. APPROVED this 27th day of February 1990. PUBLISHED this 6th day of March 1990, in pamphlet form. EXHIBIT "A" LEGAL DESCRIPTION Lot 5 in Emma Krueger's Subdivison of a part of the North Half of the Northwest Quarter of Section 3 and a part of the Northeast Quarter of the Northeast Quarter of Section 4, Township 40 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded September 16, 1948 as document 554217, in DuPage County, Illinois. also That part of Devon Avenue lying North of and adjoining said Lot 5 and that part of Wood Dale Road lying West of and adjoining said Lot 5, in Cook & DuPage Counties, Illinois.